HomeMy WebLinkAboutKIN 95 037 Lease - Chau
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-37
A BY-LAW TO AU'l'HORIZE THE SIGNING OF A LEASE AGREEMENT WITH
KWOK SUEN CHAU AND QILIN CHAU.
WHEREAS the Council
Town of Kincardine deems it
agreement for a portion of the
Kwok Suen Chau and Qilin Chau.
for The Corporation of the
advisable to enter into a lease
Broadway st. road allowance with
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with Kwok Suen Chau and Qilin Chau for a
portion of the Broadway street road allowance.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Kwok Suen Chau and Qilin Chau which is
attached to this by-law and to affix the Town's Corporate
seal as and when required.
3.
This by-law shall come into full force and effect upon
its final passage.
This by-law may be cited as the "Chau Lease Agreement
By-law".
4.
READ a FIRST and SECOND time this 15th day of June, 1995.
READ a THIRD time and FINALLY PASSED this 7th day of July, 1995.
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This AGREEMENT made this 15th day of June, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
CHAU, KWOK SUEN AND CBAU, QILIN
hereinafter called the "Licensee,
of the Second Part.
WHEREAS the Licensee is the owner of the lands, more
particularly described in Schedule "A" attached hereto;
AND WHEREAS the Licensee has requested permission from the
Town to lease part of the Broadway Street road allowance
south of the subject property located between the property
line and the travelled portion of the said road allowance.
This area is more particularly shown as the cross-hatched
area on the sketch on Schedule "B" attached hereto.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the premises and the sum of TWO DOLLARS
($2.00) of lawful money of Canada, now paid by the Licensee
to the Town and in consideration of an annual fee of TEN
DOLLARS ($10.00) payable by the Licensee to the Town each
year on the anniversary date of this Agreement, or in a
lump sum in advance, the parties hereto covenant, promise
and agree with each other as follows:
1.
Subject to the fulfillment of the provisions of this
Agreement, the Town hereby grants to the Licensee an
exclusive right to use the "Licensed Lands" (sometimes
herein after referred to as the "leased area" or
"leased lands" or "the said lands") which shall be
those lands shown in "cross hatching" on Schedule "B"
hereto and forming part of this Agreement, and which
Licensed Lands lie to the immediate south of the
Licensee's adjacent lands, as are otherwise described
in Schedule "A" to this Agreement, and which Licensed
Lands otherwise lie within the road allowance of
Broadway Street in the Town of Kincardine, and being
those lands therein the road allowance which lie to
the north of the travelled highway within Broadway
Street.
2. This License Agreement shall expire on the 30th day of
June, 2015 unless renewed on or before that date, but
such lease shall be deemed to be with the license of
the Town to the intent that the Licensee shall not
acquire an easement therefor.
3. This License Agreement may be renewed for a further
period of 20 years within the last year of the
currency of this Agreement, or any extension thereof,
on terms then mutually agreeable to the Town and the
Licensee, provided such agreement is concluded before
the end of the 11th month of the last year of that
term of this License Agreement.
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Chau
June
Page
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7.
License Agreement
15, 1995
2
The Licensee covenants and agrees to annually provide
to the Town evidence of the existence of an issued
policy of third party liability insurance in respect
to the Licensed Lands, namely part of Broadway street
within the Town limits, as is otherwise described in
this Agreement, in a coverage sum of at least $1
million dollars. Such policy shall, in either its
separate or combined forms, name both the licensee and
the Town as the "Named Insured" therein, as their
respective interests may appear. The Insurer, issuing
such policy, shall be required to notify both "Named
Insured" in writing, in the event of any default
thereunder, or of any claim being made upon such
policy, or of any failure to renew such policy. The
cost of any insurance premium for the coverage under
such policy shall, at all times, be borne by the
Licensee.
In the event the building(s) located on the licensee's
property is removed or substantially destroyed without
being replaced, this Agreement shall be terminated and
the lease shall cease absolutely.
If for any valid reason the Town requires the use of
the lands on which this lease applies, then the
Licensee agrees that, upon receiving three months
written notice, that they will cease to use the leased
lands and it is agreed that the Town shall not be
liable to pay any compensation whatever for or in
respect of the said lease.
The
free
to,
Licensee agrees that it will keep the leased area
of all encumbrances, including, but not limited
permanent signs not greater than 2 square metres.
8. The Licensee agrees that the leased lands shall be
used for the purposes of parking only.
9. The Licensee agrees that it will, at its own expense,
be responsible for all maintenance and repairs of the
leased area, including snow removal and asphalt
patching.
10. The parties hereto agree that the boundary lines shall
remain the boundary between the two properties,
notwithstanding the existence of the present license
agreement and the licensee shall not acquire title by
possession or prescription to any of the land of the
Town.
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11. The Licensee agrees that, if it shall transfer or
convey the said lands or any part thereof, the
Licensee shall notify the clerk of the Town, in
writing, of such transfer or conveyance together with
the name and address of the transferee or purchaser.
12. The Licensee agrees that any notice required to be
given by this Agreement may be given to the Licensee
by mailing the same, post paid, addressed to the
Licensee at the address last known to the Town.
13. On or before execution of this Agreement, the Licensee
agrees to pay the Town's costs for the preparation of
this Agreement, title searches at the Registry Office
and the registration of this Agreement.
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Chau License Agreement
June 15, 1995
page 3
14. The Licensee agrees to indemnify the Town, its
servants and agents against any legal liability
arising out of the execution of this Agreement and for
losses, damages claims, actions, demands, suits and
costs arising directly or indirectly from anything
done by the Licensee or any servant, contractor or
agent of it other than the Town, whether or not in
performance of this Agreement, and to provi~e proof of
public liability and property damage insurance for
this purpose in the names of itself and the Town in a
form approved by the Town's solicitor.
15.
This Agreement shall enure to the benefit
binding upon the parties hereto and their
successors and assigns and shall run with
land owned by the parties.
of and be
respective
the said
IN WITNESS WHEREOF the Licensee has hereto affixed its
corporate seal under the hands of its duly authorized
officers in that behalf and the Town has hereunto affixed
its corporate seal under the hands of its mayor and clerk.
SIGNED, SEALED AND DELIVERED
in the presence of
)
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
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SCHEDULE "A'
CHAU LICKNSE AGREEMENT
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All and Singular that certain parcel or tract of land or
premises situate lying and being in the Town of Kincardine,
county of Bruce, and more particularly described as Part of
Lot 48, Part of Lot 47 and Part of Lot 46, Plan 4, on the
north side of Broadway, and known municipally as 507
Broadway.
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